TERMS OF SERVICE
Effective October 1, 2016
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by COVERT NINE, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
For any use of our Services that requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. WEB SITES
- Your Account and web site. You are responsible for maintaining the security of your account and web site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the web site. You must immediately notify COVERT NINE of any unauthorized uses of your web site, your account, or any other breaches of security. COVERT NINE will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a web site, comment on a web site, post material to the web site, post links on the web site, or otherwise make (or allow any third parties to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct which includes but is in no way limited to harm or damage caused due to your unauthorized use of materials or content that infringes on any third party’s intellectual property rights. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our Services, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines, and does not in any way infringe on the intellectual property rights of any other party. By submitting Content for inclusion on your COVERT NINE-hosted web site, you grant COVERT NINE a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your web site. This license allows COVERT NINE to make publicly-posted content available to third parties selected by COVERT NINE so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, COVERT NINE will use reasonable efforts to remove it from our servers, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, COVERT NINE has the right (though not the obligation) to, in COVERT NINE’s sole discretion, (i) refuse or remove any content that, in COVERT NINE’s reasonable opinion, violates any COVERT NINE policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of our Services to any individual or entity for any reason. COVERT NINE will have no obligation to provide a refund of any amounts previously paid.
- Web Traffic. We may use a third party to measure the audience and usage of our Services. If we require additional documentation to verify ownership of your web site or domain name, you agree to make reasonable efforts to accommodate such requests.
- HTTPS. We offer free HTTPS on all web sites by default. To use this service, you can provide us with a SSL certificate to use, or we can provide them for you via Let’s Encrypt. By signing up for our hosting services, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
- Themes. By activating a theme from the themes directory, you agree to that theme’s terms of service. You can opt out of their terms of service at any time by de-activating that theme.
- Payment and Renewal.
- General Terms.
Optional paid services such as extra storage may be available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay COVERT NINE the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal.
Unless you notify COVERT NINE before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time.
- General Terms.
2. RESPONSIBILITY OF VISITORS.
COVERT NINE has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, COVERT NINE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. COVERT NINE disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. CONTENT POSTED ON OTHER WEB SITES.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and webpages to which are linked to via our Services, and that link to our Services. COVERT NINE does not have any control over those non-COVERT NINE.com and c9cloud.net web sites, and is not responsible for their contents or their use. By linking to a non-COVERT NINE.com and non-c9cloud.net web sites, COVERT NINE does not represent or imply that it endorses such web site. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. COVERT NINE disclaims any responsibility for any harm resulting from your use of non-COVERT NINE.com and non-c9cloud.net web sitess and webpages.
4. COPYRIGHT INFRINGEMENT AND DMCA POLICY.
As COVERT NINE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Services violates your copyright, you are encouraged to notify COVERT NINE in accordance with COVERT NINE’s Digital Millennium Copyright Act (“DMCA”) Policy. COVERT NINE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. COVERT NINE will terminate a visitor’s access to and use of the web site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of COVERT NINE or others. In the case of such termination, COVERT NINE will have no obligation to provide a refund of any amounts previously paid to COVERT NINE.
5. INTELLECTUAL PROPERTY.
This Agreement does not transfer from COVERT NINE to you any COVERT NINE or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with COVERT NINE. COVERT NINE, COVERT NINE.com, c9clooud.net, the COVERT NINE logo, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of COVERT NINE or COVERT NINE’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any COVERT NINE or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
COVERT NINE may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your COVERT NINE account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. DISCLAIMER OF WARRANTIES.
Our Services are provided “as is.” COVERT NINE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither COVERT NINE nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. LIMITATION OF LIABILITY.
In no event will COVERT NINE, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to COVERT NINE under this agreement during the twelve (12) month period prior to the cause of action. COVERT NINE shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. GENERAL REPRESENTATION AND WARRANTY.
11. US ECONOMIC SANCTIONS.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and COVERT NINE reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless COVERT NINE, its contractors, and its licensors, and their respective directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. Additionally, you agree to defend and indemnify the Indemnified Parties from and against any third-party action, suit or proceeding and any losses, damages or costs incurred with regard to same in which it is determined that any intellectual property posted on a website subject to these terms infringes upon the intellectual property rights of any third party.